Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   

The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.

Monday, March 2, 2015
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-213026    The State, Respondent, v. Jabari Linnen, Appellant.

James Andrew Byars of Nexsen Pruet, LLC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columba, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Jabari Linnen appeals his convictions of assault and battery of a high and aggravated nature and the possession of a firearm during the commission of a violent crime. Linnen argues the trial court erred in denying his request for a jury charge on the Protection of Persons and Property Act.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-213249    The State, Respondent, v. Carvin Holman, Appellant.

Franklin B. Joyner, Jr. of Joyner Law Firm, P.C., of Cheraw, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

Carvin Holman appeals his convictions for murder, first-degree burglary, kidnapping, and possession of a weapon during the commission of a violent crime. He argues the trial court erred in (1) admitting photographs of the victim's body because their probative value was substantially outweighed by the danger of unfair prejudice and (2) not issuing a voluntary manslaughter jury instruction when there was evidence that Holman's wife was in an adulterous relationship with the victim.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-000381    The State, Respondent, V. Christopher E. Russell, Appellant.

David Bryant Morgen, of Saratoga Springs, NY, for Appellant. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Laura Ruth Baer, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Christopher E. Russell was convicted of conspiracy, kidnapping, armed robbery, and first-degree burglary. He appeals the convictions, arguing the trial court erred by (1) allowing the rebuttal testimony of the courtroom deputy; (2) denying his motion to suppress evidence obtained pursuant to a search warrant that allegedly contained false information; and (3) not declaring a mistrial after the solicitor challenged the defendant's alibi defense during closing argument.

 12:00 p.m. (Time Limits: 10-10-5)  
2013-002058    Elizabeth Hope Rainey, as the Appointed Guardian ad Litem to Owen C., a minor, Appellant. v. Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Medical Center; South Carolina Department of Social Services and Bruce Bryant, as the Constitutional Office of the Sheriff of York County, the York County Sheriff's Department, and York County, Defendants, Of whom Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Medical Center is the Respondent.

Duane Michael Shaw and Nathan James Sheldon, both of Shaw Law Firm, of Rock Hill, for Appellant. Gerald Malloy of Malloy Law Firm, of Hartsville, for Appellant. S. Randall Hood, Lara Pettiss Harrill, and Jordan Christopher Calloway, all of McGowan Hood & Felder, LLC, of Rock Hill, for Appellant. Whitney Boykin Harrison, of Columbia, for Appellant. Deborah G. Casey, of Rock Hill, for Appellant. Monteith Powell Todd and Robert E. Horner, both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondent.

In this negligence action, Appellant Elizabeth Hope Rainey seeks review of the circuit court's grant of summary judgment to Respondent Charlotte-Mecklenburg Hospital Authority. Appellant argues the circuit court erred in concluding that Respondent's social workers owed no duty to assess the family environment of Respondent's infant patient, Owen C., before he was discharged from Respondent's care. Respondent asserts as an additional sustaining ground that it is immune from liability pursuant to section 63-7-390 of the South Carolina Code (2010), which provides civil and criminal immunity to persons required to report suspected child abuse or neglect.

Tuesday, March 3, 2015
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2013-000578    Claude McAlhany, Appellant, v. Kenneth A. Carter, Sr. d/b/a Carter & Son Pest Control, Carter & Son Pest Control, Inc. and Erick Cogburn, Respondents.

William Franklin Barnes, III, and Richard Alexander Murdaugh, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Appellant. Richard B. Ness and Alison Dennis Hood, both of Ness & Jett, LLC, of Bamberg, for Respondent Erick Cogburn. Danielle F. Payne of Grier, Cox, & Cranshaw, LLC of Columbia SC for Respondent Kenneth A. Carter, Sr., and Respondent Carter & Son Pest Control, Inc.

Claude McAlhany appeals the circuit court's order granting summary judgment to Respondents, arguing the circuit court erred in finding (1) his property damage claim was barred by the statute of limitations, (2) his personal injury claim was barred by the statute of limitations, and (3) there was no evidence to support his personal injury claim.

 10:40 a.m. (Time Limits: 10-10-5)  
2013-000752    Claude W. Graham, Respondent/Appellant, v. Town of Latta, South Carolina, Appellant/Respondent. AND Vickie B. Graham, Respondent/Appellant, v. Town of Latta, South Carolina, Appellant/Respondent.

Andrew F. Lindemann, Michael Brian Wren, and Daniel Clifton Plyler, all of Davidson & Lindemann, PA, of Columbia, for Appellant/Respondent. Reynolds Williams of Willcox Buyck & Williams, PA, of Florence, for Respondents/Appellants.

In this negligence action arising out of a municipal sewer system overflow, the Town of Latta appeals the circuit court's denial of its motions for judgment notwithstanding the verdict and directed verdict. On cross-appeal, Claude Graham and Vickie Graham argue that the circuit court erred in directing a verdict in favor of the Town regarding Vickie Graham's claims for inverse condemnation and trespass, and in ruling that the Town has an easement by prescription for the sewer line located on their property.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-001273    South Carolina Public Interest Foundation and Waring S. Howe, Jr., individually, and on behalf of all others similarly situated, Appellants, v. James H. "Jay" Lucas, in his official capacity as Speaker of the South Carolina House of Representatives, Hugh K. Leatherman, Sr., in his official capacity as President of the South Carolina Senate, Representative Peter M. McCoy, Jr., Senator George Campsen, and the State of South Carolina, Respondents.

James G. Carpenter and Jennifer J. Miller of Carpenter Law Firm, PC of Greenville for Appellants South Carolina Public Interest Foundation and Waring S. Howe, Jr.; Robert E. Tyson, Jr. of Sowell Gray Stepp & Laffitte, LLC of Columbia for Respondent Harry B. "Chip" Limehouse; Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia for Respondent State of South Carolina; Michael J. Anzelmo and C. Mitchell Brown of Nelson Mullins Riley & Scarborough, LLP of Columbia for Respondent James H. "Jay" Lucas, Jr.; Edward Houseal Bender, John Potter Hazzard, V, and Kenneth M. Moffitt of Columbia for Respondents Hugh Leatherman and George E. "Chip" Campsen.

South Carolina Public Interest Foundation and Waring S. Howe, Jr., individually, and on behalf of all others similarly situated (Appellants), appeal from the trial court's grant of summary judgment for Robert Harrell, Jr., in his official capacity as Speaker of the South Carolina House of Representatives, Glen McConnell, in his official capacity as President of the South Carolina Senate, Representative Harry B. "Chip" Limehouse, III, Senator George E. "Chip" Campsen, and the State of South Carolina (Respondents) on the ground that Appellants lacked standing. Appellants appeal, arguing the trial court erred in ruling: (1) Appellants lacked standing; (2) South Carolina Public Interest Foundation v. Harrell, 378 S.C. 441, 663 S.E.2d 52 (2008), collaterally estops Appellants from asserting public importance standing; and (3) laches prevents Appellants from asserting public importance standing.

 12:00 p.m. (Time Limits: 10-10-5)  
2013-000903    The State, Respondent, v. Daniel Lopez, Appellant.

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina Catoe Bigelow, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Daniel Lopez appeals his convictions for trafficking cocaine and possession of a firearm with an obliterated serial number, arguing the trial court erred in: (1) declining to suppress cocaine and a gun discovered during a traffic stop because the evidence was obtained as the fruits of illegal search and seizure in violation of the Fourth Amendment; and (2) refusing to grant a continuance and trying him in absentia.

Wednesday, March 4, 2015
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2013-001482    Jennifer D. Bowzard, Appellant, v. Sheriff Wayne Dewitt and Berkeley County Sheriff's Office, Respondents.

Lawrence C. Kobrovsky of Law Offices of Lawrence C. Kobrovsky, of Charleston, for Appellant. John E. Parker and William Franklin Barnes, III, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Appellant. Sandra J. Senn and Robin Lilley Jackson, both of Senn Legal, LLC, of Charleston, for Respondents.

This case arises from mental injuries Appellant, Jennifer D. Bowzard, alleges she sustained after the individual charged with assaulting her made harassing phone calls to her from the county jail and, thereafter, was prematurely released from the county jail. Appellant appeals from the trial court's grant of summary judgment in favor of the Respondents, Sheriff Wayne Dewitt and the Berkley County Sheriff's Office, arguing the trial court erred in (1) finding various provisions of the Tort Claims Act afforded governmental immunity to Respondents, (2) determining Respondents were not liable for injury resulting from the phone calls based on Appellant's acceptance of the phone calls, and (3) finding S.C. Code Ann. ยงยง 23-15-50 and 23-15-70 were inapplicable, because a question of fact existed as to whether her assailant was being held on a civil charge at the time he slipped out of his handcuffs and walked out of the jail.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-001528    Cynthia Hall; Ronald R. Ballentine, Respondents, v. Green Tree Servicing, LLC, f/k/a Green Tree Financial Servicing Corp., Appellant.

Val H. Stieglitz, III, and Suzanne G. Grigg, both of Nexsen Pruet, LLC, of Columbia, for Appellants. Stephen Peterson Groves, Sr. of Nexsen Pruet, LLC, of Charleston, for Appellants. Brian L. Boger, of Columbia, for Respondent. Phillip Anthony Curiale, of Columbia, for Respondent.

Green Tree Servicing, LLC (Appellant), appeals the circuit court's decision finding Cynthia Hall and Robert Ballentine's statutory claims against Appellant for violation of certain claim and delivery proceedings were not subject to mandatory arbitration.

Thursday, March 5, 2015
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2013-001880    George S. Glassmeyer, Respondent, v. City of Columbia, Appellant.

W. Allen Nickles, III of Nickles Law Firm, of Columbia, for Appellant. Lyndey Ritz Zwingelberg and Kirby Darr Shealy, III, both of Adams and Reese LLP, of Columbia, for Respondent.

The City of Columbia appeals the trial court's declaration that it violated the Freedom of Information Act by failing to disclose the home addresses, personal telephone numbers and personal email addresses for applicants to the position of City Manager.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-001403    Stoneledge at Lake Keowee Owners' Association, Inc., C. Dan Carson, Jeffrey J. Dauler, Joan W. Davenport, Michael Furnari, Donna Furnari, Jessy B. Grasso, Nancy E. Grasso, Robert P. Hayes, Lucy H. Hayes, Ty Hix, Jennifer D. Hix, Paul W. Hund, III, Ruth E. Isaac, Michael D. Plourde, Mary Lou Plourde, Carol C. Pope, Steven B. Taylor, Bette J. Taylor, and Robert White, Individually, and on behalf of all others similarly situated, Plaintiffs, v. Clear View Construction, LLC, IMK Development Co., LLC, Keowee Townhouses, LLC, Ludwig Corporation, LLC, SDI Funding, LLC, Medallion at Keowee, LLC, Bradford D. Seckinger, John Ludwig, Larry D. Lollis, William C. Cox, Integrys Keowee Development, LLC, Marick Home Builders, LLC, M Group Construction and Development, LLC, Bostic Brothers Construction, Inc., Rick Thoennes, Mel Morris, Joe Bostic, Jeff Bostic, Michael Franz, MHC Contractors, Miguel Porras Choncoas, Builders First Source Southeast Group, Mike Green, Southern Concrete Specialties, Carl Compton d/b/a Compton Enterprize a/k/a Compton Enterprises, Gunter Heating & Air, All Pro Heating, A/C & Refrigeration, LLC, Coleman Waterproofing, Heyward Electrical Services, Inc., Tinsley Electrical, LLC, Hutch N Son Construction, Inc., Carl Catoe Construction, Inc., T.G. Construction, LLC, Delfino Construction, Francisco Javier Zarate d/b/a Zarate Construction, Alejandro Avalos Cruz, Herberto Acros Hernandez, Martin Hernandez-Aviles, Francisco Villalobos Lopez, Ambrosio Martinez-Ramirez, Ester Moran Mentado, Socorro Castillo Montel, Upstate Utilities, Inc., Southern Basements, Inc., MJG Construction and Homebuilders, Inc. d/b/a MJG Construction, KMAC, Inc. d/b/a KMAC North Carolina, Eufacio Garcia, Everado Jarmamillio, Garcia Parra Insulation, Inc., J&J Construction, Jose Nino, Jose Manuel Garcia, Eason Construction, Inc., Vincent Morales d/b/a Morales Masonry, and Miller/Player & Associates, Defendants, Of whom Marick Home Builders, LLC and Rick Thoennes are Appellants, And Of whom Clear View Construction, LLC and Michael Franz are Respondents.

Jason Michael Imhoff and Carl Reed Teague, both of The Ward Law Firm, PA, of Spartanburg, for Appellants. Michael B.T. Wilkes and Ellen S. Cheek, both of Wilkes Law Firm, PA, of Spartanburg, for Respondents. Robert T. Lyles, of Lyles & Lyles, LLC, of Charleston, for Respondents.

Appellants Marick Homes Builders, LLC and Rick Thoennes argue the trial court erred in: (1) collapsing their cross-claims into one claim for equitable indemnification; and (2) granting summary judgment in favor of Respondents Clear View Construction, LLC and Michael Franz.

Wednesday, March 11, 2015
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2013-002066    Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2004-1, Appellant, v. Rachel R. Lindsay, Jeffrey Wayner, Tammy Wayner, Tiffany Spann-Wilder, Esq., The Steinberg Law Firm, and United States of America acting by and through its agency, the Internal Revenue Service, Defendants, Of whom Rachel R. Lindsay is the Respondent. Rachel R. Lindsay, Respondent, v. Saxon Mortgage Services, Inc., Appellant.

Benjamin Rush Smith, III, and Allen Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellants. Merritt Gordon Abney and Dow Ambrose Davidson, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellants. G. Thomas Hill of Hill & Hill, LLC, of Ravenel, for Respondent.

In this mortgage foreclosure action, Appellants, Bank of New York Mellon (Bank) and Saxon Mortgage Services, Inc. (Servicer), challenge the circuit court's conclusion that Respondent Rachel R. Lindsay is entitled to a jury trial on her counterclaims against Bank and her cross-claims against Servicer. Appellants argue Lindsay does not have a right to a jury trial because none of her claims are legal and compulsory.

 10:40 a.m. (Time Limits: 10-10-5)  
2011-204706    The State, Respondent, v. Michael Christopher Andes, Appellant.

Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent.

Michael C. Andes appeals his conviction for first-degree criminal sexual conduct, arguing the circuit court abused its discretion in allowing the State's psychological expert to testify about violence and reports of sexual assaults in domestic relationships, because the expert: (1) did not examine or have any understanding of the facts of the case; (2) repeatedly used the term "sexual assault;" and (3) failed to offer specialized or technical information. Andes further argues the expert's testimony was calculated to reconcile the unexpected behavior of the accuser in the minds of the jurors.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-002129    Kay Howell Jordan, Marion Howell Tolson and Lewis Virgil Howell, Respondents, v. Betty L.S. Judy, Appellant.

Robert F. McCurry, Jr. of Horger Barnwell & Reid, LLP, of Orangeburg, for Appellant. James B. Richardson, Jr., of Columbia, for Appellant. Woodrow Grady Jordan of Smith, Jordan and Lavery, P.A., of Easley, for Respondents.

In this boundary dispute action, Betty Judy appeals the trial court's setting of the boundary line contending it was arbitrary and the only reasonable inference was the boundary should be set where prior plats and surveys showed it.

Thursday, March 12, 2015
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2013-001623    South Carolina Electric & Gas Co., Respondent, v. Anson Construction Company, Inc., Appellant.

Everett Augustus Kendall, II, and James Eric Cavanaugh, both of Sweeny Wingate & Barrow, PA, of Columbia, for Appellant. John A. Massalon and Irish Ryan Neville, both of Wills Massalon & Allen LLC, of Charleston, for Respondent.

Anson Construction Company appeals the circuit court's granting of partial summary judgment to South Carolina Electric & Gas Company on its contractual indemnity claim. The circuit court found no genuine issue of material fact existed to support Anson's argument that it was not bound by an indemnification clause in the terms and conditions of a construction contract between the parties. Anson argues the circuit court erred by: (1) granting summary judgment to SCE&G because there was evidence that Anson rejected SCE&G's terms and conditions, and thus the indemnification clause was not part of the contract and (2) finding no dispute as to the parties' intent, despite two inconsistent contract forms.

 10:40 a.m. (Time Limits: 10-10-5)  
2013-001839    C.R. Meyer and Sons Company, Plaintiff, v. Custom Mechanical CSRA, LLC, Respondent. And Custom Mechanical CSRA, LLC, Third-Party Plaintiff, Respondent, v. Plumbers & Steam Fitters Local #150 Health and Welfare Fund, Plumbers & Steam Fitters Local #150 Pension Fund, Plumbers & Steam Fitters Local #150 Annuity Fund, and Jackie K. Nordeen, Jr. and Patrick H.F. Smith, IV, as Trustees of these Funds; Plumbers & Steam Fitters Local #150 Vacation Fund and Patrick H.F. Smith, IV, and Joseph L. Dozier, as Trustees of this Fund; Augusta Joint Apprenticeship and Journeyman Training Committee and Patrick H.F. Smith, IV and Charles I. Hardigree, as Trustees of this Fund; Trustees of Southeastern Iron Workers Healthcare Plan; Trustees of Southeastern Iron Workers Annuity Plan; Trustees of Iron Workers #709 Joint Apprenticeship and Training Committee and Local #709, International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers; Southeastern Carpenters and Millwrights Health Trust; Southeastern Carpenters and Millwrights Pension Trust; Larry Phillips and J. Kirk Malone, as Trustees of these Funds; Presidential Financial Corporation; Norton Welding Supply, Inc.; Daniel R. Friedmann; Tony Hall; Timothy R. Hall, Jr.; Ralph D. Black; Thomas Brittingham; Arthur C. Carlson; Leonard Wade Cliett; Christopher Cullipher; David W. Cullipher; Joseph A. Doyle, Jr.; Charles R. Ellzey; Brian Field; Clayton W. Googe, Jr.; Martin Granger; William R. Griffin, Jr.; Jack E. Hegler; George G. Lever; Matt Lever; Ernest H. Lewis, III; Estate of William R. McFerrin by and through its duly-appointed Executrix, Nancy McFerrin; Daniel Nichols; Kinda Phormmachanh; Raleigh B. Roye; Nicholas Stewart; Timothy P. Stock; James Waltemath; Al Tiska; Al Carpenter; Bruce Pollock, Jr.; Security Federal Bank; Joseph A. Doyle, Jr.; Brian Field; and Leonard Wade Cliett; Third-Party Defendants, Of whom Daniel R. Friedmann; Tony Hall; Timothy R. Hall, Jr.; Ralph D. Black; Thomas Brittingham; Arthur C. Carlson; Leonard Wade Cliett; Christopher Cullipher; David W. Cullipher; Joseph A. Doyle, Jr.; Charles R. Ellzey; Brian Field; Clayton W. Googe, Jr.; Martin Granger; William R. Griffin, Jr.; Jack E. Hegler; George G. Lever; Matt Lever; Ernest H. Lewis, III; Estate of William R. McFerrin by and through its duly-appointed Executrix, Nancy McFerrin; Daniel Nichols; Kinda Phormmachanh; Raleigh B. Roye; Nicholas Stewart; Timothy P. Stock; James Waltemath; Al Tiska; Al Carpenter; and Bruce Pollock, Jr. are the Appellants, And Presidential Financial Corporation and Security Federal Bank are Respondents.

John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellants. Nekki Shutt of Callison Tighe & Robinson, LLC, of Columbia, for Appellants. John Thomas Lay, Jr. and Lindsay Anne Joyner of Gallivan, White & Boyd, PA, of Columbia, for Respondent Presidential Financial Corporation. Robert L. Buchanan, Jr. of Buchanan Law Office, PA, of Aiken, for Respondent Security Federal Bank. Emily Ruth Gifford, of Richardson Plowden & Robinson, PA, of Columbia, for Respondent Custom Mechanical CSRA, LLC.

Twenty-nine employees of Custom Industrial Services, LLC appeal the special referee's granting of summary judgment to Presidential Financial Corporation and Security Federal Bank. The special referee found no genuine issue of material fact existed to support the employees' argument that they had a first lien pursuant to section 29-7-10 of the South Carolina Code (2007)-with priority over the perfected security interests of Presidential and Security Federal-that attached to an arbitration award held in an escrow account by lawyers representing Custom Mechanical, CSRA, LLC-Custom Industrial's parent company. The employees argue the special referee erred by: (1) granting summary judgment on the basis that section 29-7-10 did not establish a statutory first lien for the employees; (2) applying a strict rule of construction to section 29-7-10, rather than a liberal construction required for remedial statutes; and (3) not considering the employees' rights under the South Carolina Payment of Wages Act.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-002138    Thomas Free, Appellant, v. Natena Buff, Respondent.

H. Wayne Floyd of Wayne Floyd Law Office, of West Columbia, for Appellant. Frank Anthony Barton, of West Columbia, for Appellant. William H. Bowman, III, and Robert Wood, both of Rogers Townsend & Thomas, PC, of Columbia, for Respondent.

Appellant Thomas Free appeals the trial court's dismissal of his action against Natena Buff based on the court's finding valid service was not effected on Buff prior to the expiration of the statute of limitations.

Tuesday, March 17, 2015
Courtroom I
 3:00 p.m. (Time Limits: 10-10-5)  
2012-213193    Timothy A. Zinn, Robert Adams, Laura Arrington, Stephen C. Black, Bradley Kirk Bray, Mark D'Amico, Thomas A. DeVitis, Rodney Eddie Haynes, Jimmy Kelly, Whitney Renee Knox, Lynn C. Lanpher, Holly Levasseur, John Martin Loughlin, Joe Maranville, Khalif Middleton, Chelcie Ozentine, Judith A. Parker, Matthew W. Reed, Cynthia G. Reilly, Gerald Ryba, Sherry Singleton, Steven G. Thoni, Stratton Vitikos, Michael H. Willis, Michael J. Zanardo, Respondents/Appellants, v. CFI Sales & Marketing, Ltd, d/b/a Westgate Resorts, Appellant/Respondent.

Richard W. Epstein and Myrna L. Maysonet, both of Orlando, Florida, pro hac vice for Appellant/Respondent. R. Hawthorne Barrett of Turner Padget Graham & Laney, PA, of Columbia, and John S. Wilkerson, III of Turner Padget Graham & Laney, PA, of Charleston, for Appellant/Respondent. David James Canty of David J. Canty, P.A., of Myrtle Beach, for Respondents/Appellants. Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondents/Appellants.

In this wage dispute action, CFI Sales & Marketing, Ltd., d/b/a Westgate Resorts, appeals the circuit court's post-trial ruling that the reserve and charge back components of CFI's employment contracts with Respondents/Appellants violated the South Carolina Payment of Wages Act. On cross-appeal, Respondents/Appellants argue that the circuit court erred in directing a verdict against Lynn Lanpher, Khalif Middleton, Sherry Singleton, Steven Thoni, and Michael Wills; allowing the jury to consider terms of the contract that the circuit court subsequently determined to be illicit; directing a verdict against Respondents/Appellants on their cause of action for breach of contract accompanied by a fraudulent act; and limiting the amount of attorney's fees awarded.

 3:45 p.m. (Time Limits: 10-10-5)  
2013-002204    William Edward Bull, III, Appellant, v. Victoria Raycene Bull, Respondent.

Mindy Westbrook Zimmerman of Zimmerman & Shealy, LLC, of Newberry, for Appellant. Carrie Ann Warner of Carrie A. Warner, Attorney at Law, LLC, of Columbia, for Respondent.

In this appeal from the family court, William Edward Bull, III (Husband), argues the family court erred in (1) finding he was in willful contempt for failing to comply with the alimony provisions set forth in the final divorce decree and settlement agreement; (2) disregarding the automatic stay imposed by the bankruptcy court; and (3) awarding Vicky Bull (Wife) attorney's fees.

Tuesday, March 3, 2015
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2014-000783    South Carolina Department of Social Services, Respondent, v. April Gosnell and David Tesnear, Defendants. Of Whom April Gosnell is the Appellant. In the interest of minors under the age of eighteen.

Samuel Carl Weldon of Weldon Hammond Law Firm, LLC, of Greenville, for Appellant. Deborah Murdock of Murdock Law Firm, LLC, of Mauldin, for Respondent. Don J. Stevenson of Don J. Stevenson, Attorney at Law of Greenville, for Guardian Ad Litem.

April Gosnell appeals the termination of her parental rights (TPR), arguing the family court erred in finding (1) TPR was in her children's best interests and (2) clear and convincing evidence supported three statutory grounds for TPR.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2013-001374    Johnathan Paul Barth, Respondent, v. Lyndzi Houlahan Coleman, Appellant.

James T. McBratney, Jr. of McBratney Law Firm, P.A., of Florence, for Appellant. John David Whisenhunt, Jr. of John David Whisenhunt, Jr., P.A., of Florence, for Respondent.

Lyndzi Houlahan appeals a family court order finding her in contempt of a prior custody and visitation order and awarding attorney's fees to Respondent Jonathan Paul Barth.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2013-001611    Kenneth Smith, Employee, Respondent, v. Marion Builders Group, LLC, and Builders Mutual Insurance Company, Appellants.

George Albert Taylor of Callison Tighe & Robinson, LLC, of Columbia, for Appellant. Everett H. Garner of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Respondents.

Appellants Marion Builders Group and Builders Mutual Insurance Company seek review and reversal of the Workers' Compensation Commission Appellate Panel's calculation of Claimant Kenneth Smith's average weekly wage.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2013-001430    The State, Appellant, v. Walter M. Bash, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Appellant. Solicitor Scarlett Anne Wilson, of Charleston, for Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Respondent.

In this criminal case, the State appeals the circuit court's ruling that police entry, based on an anonymous tip, into an open field on private property violated the Fourth Amendment, because the area in question was part of the curtilage surrounding the residence located on the property.

 
Wednesday, March 4, 2015
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2013-001783    The State, Respondent, v. Nathaniel Bernard Beeks, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Appellant Nathaniel Bernard Beeks appeals his conviction for murder. He contends the trial court erred by instructing the jury that words alone would not satisfy the sufficient legal provocation element of voluntary manslaughter and by failing to instruct the jury that sufficient legal provocation includes a very emotional argument.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2013-001812    The Callawassie Island Members Club, Inc., Respondent, v. Arthur H. Applegate, Appellant.

Brian D. McDaniel of Law Office Of Brian McDaniel, LLC, of Beaufort, for Appellant. Ehrick K. Haight, Jr. of Minor Haight & Arundell, PC, of Hilton Head Island, for Respondent. Stephen P. Hughes of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Jennifer Inez Campbell of Twenge & Twombley, LLC, of Beaufort, for Respondent. William Thomas Young, III, of Greenville, for Respondent.

In this breach of contract action brought by Respondent Callawassie Island Members Club, Inc. against Arthur Applegate, Applegate appeals a circuit court order referring the matter to the Master-in-Equity, arguing: (1) he is entitled to the jury trial pursuant to the South Carolina Constitution and the South Carolina Rules of Civil Procedure, and (2) the order denying his motion to alter or amend exceeded the scope of his motion and improperly included certain findings of fact and conclusions of law.

 
Cases to be Submitted Without Oral Argument
2013-002509    The State, Respondent, v. Latroy Lamar Wherry, Appellant.

2014-000215    The State, Respondent, v. Rufus Raiden, III, Appellant.

2014-001616    The State, Respondent, v. Michael Robert Bishop, Appellant.

2012-213587    American Community Bank, a division of Yadkin Valley Bank & Trust, Respondent, v. Michael R. Brown; C. W. Horne; Shortt Auction & Realty Co., Inc.; Bank of America, N.A.; and Jaguar Portfolio, LLC, Defendants, Of Whom Michael R. Brown is Appellant.

2013-001035    The State, Respondent, v. Shawn Justin Burris, Appellant.

2013-001916    The State, Respondent, v. Timothy Carson Ryder, Appellant.

2013-001632    Cambridge Lakes Homeowners Association, Respondent, v. Johnson Koola, Appellant.

2013-001714    K & S Food Services, Inc. d/b/a Hailee's Bar and Grill, Appellant, v. City of Mauldin and Mauldin City Council, John Gardner, Brian Turner, and Callista, LLC, Defendants, Of whom City of Mauldin and Mauldin City Council, John Gardner and Brian Turner are the Respondents.

2013-000666    James L. Dawkins and Delphine Dawkins, Appellants, v. Troy Lee Watts, Jr., Respondent.

2013-000906    The State, Respondent, v. Michael Roscoe, Appellant.

2013-002251    The State, Respondent, v. Ray Charles Warren, Appellant.

2014-000830    The State, Respondent, v. Aaron Devon Green, Appellant.

2013-000882    John Walton, Respondent, v. Mitchell L. Bagwell, Appellant.

2012-212696    The State, Respondent v. Daqwan M. Johnson, Appellant

2012-211390    John Douglas Alexander, Petitioner, v. State of South Carolina, Respondent.

2013-001785    The State, Respondent, v. Timothy D. Dingle, Appellant.

2012-213287    Elizabeth A. Crotty and James K. Orzech, Appellants, v. Windjammer Village of Little River, South Carolina, Property Owners' Association, a South Carolina Eleemosynary Corporation, Respondent.

2013-002154    Palmetto State Enterprises, LLC, Respondent, v. Clegg Lamar Greene a/k/a Lamar Greene, Juleene Greene, a/k/a Julie Greene, J & P Enterprises of the Carolinas, Inc. and Gaston Engineering, Inc., Defendants, Of Which J & P Enterprises of the Carolinas, Inc., is the Appellant.

2013-002530    The State, Respondent, v. Javan F. Mays, Appellant.

2014-000103    The State, Respondent, v. Nicholas Blake Glover, Appellant.

2013-001380    Robert F. Spigner, #65500, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2014-000773    Kenneth Green, #116020, Appellant, v. South Carolina Department of Probation Parole amd Pardon Services, Respondent.

2014-001038    In the Matter of the Care and Treatment of Andrew Goodwin, Appellant.

2013-002398    The State, Respondent, v. Talmadge Leroy Rowell, Appellant.

2013-001769    The State, Appellant, v. Calvin Jermaine Pompey, Respondent.

2014-001245    Mary Margaret Ruff, Respondent, v. Samuel Nunez, Jr., Appellant.

2014-000083    The State, Respondent, v. Michael E. Hyatt, Appellant.

2013-001984    Ashley River Properties II, LLC, as assignee of Lunar Systems, LTD and Ashley River Properties II, LLC, in its own right, Respondents, v. Ashley River Properties One, LLC, successor in the interest to Ripley Light Yacht Club, LLC and Ripley Light Development, LLC, Appellant. Ashley River Properties One, LLC, Third-Party Plaintiffs, v. Lunar Systems, LTD and Thomas J. Lussier, Third-Party Defendants.

2013-001366    The State, Respondent, v. Antwon Michelle Baker, Jr., Appellant.

2013-002065    Bank of America, N.A., Respondent, v. Frank Cook a/k/a Frank W. Cook, Judith H. Cook and Ian Blake, Defendants, Of whom Frank Cook and Judith H. Cook are the Appellants.

2014-001166    Marion Creel, Appellant, v. Douglas Creel, Respondent.

2014-001178    The State, Respondent, v. Daggart Bernard Frazier, Appellant.

2013-002025    Juan Yslas, Jr., Employee, Appellant, v. Juan Yslas, Employer, and Riverport Insurance, Alleged Carrier for Employer, and Full Circle Construction, Alleged Statutory Employer, and The South Carolina Uninsured Employer's Fund, Respondents.

2013-001441    JP Morgan Chase Bank NA, Plaintiff, v. Thomas R. Irby, Roy C. Irby a/k/a Roy C. Irby II, Bank of America, NA and Charles H. Knight LLC, Defendants, Of Whom Roy C. Irby a/k/a Roy C. Irby II and Bank of America, NA are the Respondents, And Thomas R. Irby is the Appellant.

2013-000641    The State, Respondent, v. Matthew Demond Gallishaw, Appellant.

2013-001145    The State, Respondent, v. Bryan M. Holder, Appellant.

2013-002550    Tilbros, Inc., Respondent, v. Cherokee County Assessor's Office, Appellant.

2013-002327    The State, Respondent, v. Gowndell Deon Cades, Appellant.

2013-001449    Peter T. Phillips and Summar C. Phillips, Respondents, v. Omega Flex, Inc., John Wieland Homes and Neighborhoods of the Carolinas, Inc., AAA Plumbing, Fogel Services, Inc., Charleston LEC, Inc., Defendants, Of whom John Wieland Homes and Neighborhoods of the Carolinas, Inc. is the Appellant, And Omega Flex, Inc., AAA Plumbing, Fogel Services, Inc., Charleston LEC, Inc., are the Respondents.

2014-000146    The State, Respondent, v. Jeremy Smith, Appellant.